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THE HONGKONG GOVERNMENT GAZETTE. 16TH MAY, 1885.
ARTICLE III.
The provisions of the present Treaty shall not be applicable to offences committed before the de of its conclusion.
ARTICLE IV.
A person surrendered shall not be detained or tried for any crine or offence committed in 1'. other country before the extradition other than the crime or offence for which his surrender has be granted.
ARTICLE V.
No person shall be surrendered if the offence in respect of which his surrender is demanded is o; of a political character, or if he prove to the satisfaction of the competent authority of the State i. which he is that the requisition for his surrender has in fact been made with a view to try or punis.. him for an offence of a political character.
ARTICLE VI.
In the Oriental Republic of the Uruguay the proceedings for the demand and obtaining extradition. shall be as follows :-
The Diplomatic Representative or Consul-General of Great Britain shall address to the Minist Secretary of State in the Department of Foreign Relations, with the demand for extradition, an authenti. and legalized copy of the sentence or mandate of arrest issued by competent authority, or other documents of the same legal force, against the accused person, setting forth clearly the crime or offene- on account of which proceedings are being taken against the fugitive. These judicial documents shall be accompanied, if possible, by a description of the person claimed, and by any other information or intelligence which may serve to identify such person.
These documents shall be communicated by the Minister of Foreign Relations to the Superior Tribunal of Justice, which, in its turn, shall transmit them to the Stipendiary Magistrate (Juez Letrado del Crimen). This functionary shall have power, authority, and jurisdiction, in virtue of the claim preferred, to issue the formal order of arrest of the person so claimed, in order that he may be brought before him, and that, in his presence, and after hearing his defence, the proofs of his criminality may be taken into consideration; and if the result of this audience be that the said proofs are sufficient to sustain the charge, he shall be obliged to issue the formal order of delivery, giving notice thereof, by the medium of the Superior Tribunal of Justice, to the Minister of Foreign relations, who shall dictate the necessary measures for placing the fugitive at the disposal of the British Agents charged receive him.
In case the documents furnished by Her Britannic Majesty's Government for the identification of the person claimed, or the information obtained for the same end by the authorities of the Oriental Republic of the Uruguay, be held to be insufficient, notice shall immediately be given of the fact to the Diplomatic Representative or Consular Agent of Great Britain, the person under arrest remaining in custody until the British Government shall have furnished new proofs to establish the identity of such person, or evidence to clear up other difficulties relating to the examination of, and decision upon, the matter.
The arrest above referred to of the person proceeded against for any of the crimes or offences specified in this Treaty shall not be prolonged more than three months. At the expiration of that period, if the Government making the claim shall not have fulfilled the conditions above stated, the prisoner shall be relcased, and shall not be liable to be rearrested on the same charge.
ARTICLE VII.
In the dominions of Her Britannic Majesty, other than the Colonies or foreign Possessions of Her Majesty, the manner of proceeding, in order to demand and obtain extradition, shall be as follows: (a.) In the case of a person accused-The requisition for the surrender shall be made to !! Britannic Majesty's Principal Secretary of State for Foreign Affairs by the Diplomatic Representativ or Consul-General of the Oriental Republic of the Uruguay. The said demand shall be accompani by a warrant of arrest or other equivalent judicial document, issued by a Judge or Magistrate du authorized to take cognizance of the acts charged against the accused in that Republic and duly authenticated depositions or statements taken on oath before such Judge or Magistrate, clearly settin forth the said acts, and containing a description of the person claimed, and any particulars which n serve to identify him.
The said Principal Secretary of State_shall transmit such documents to Her Britannic Majesty' Principal Secretary of State for the Home Department, who shall then, by order under his hand ani seal, signify to some Police Magistrate in London that such requisition has been made, and reque him, if there be due cause, to issue his warrant for the apprehension of the fugitive. On the receip of such order from the Secretary of State, and on the production of such evidence as would, in the opinion of the Magistrate, justify the issue of the warrant if the crime had been committed in the United Kingdom, he shall issue his warrant accordingly.
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